No German lease clause fails as often as the one on Schönheitsreparaturen – decorative repairs (repainting, wallpapering). Over two decades, the Federal Court of Justice has systematically dismantled landlords' boilerplate.

"The landlord must hand over the leased property in a condition suitable for contractual use and maintain it in this condition during the tenancy."

— § 535 (1) sentence 2 BGB (translated)

Decorating is therefore the landlord's job by default – only a valid clause shifts it to the tenant.

Invalid in particular

  • Rigid schedules ("kitchen/bath every 3 years") – VIII ZR 361/03.
  • Quota clauses (pro-rata payments at move-out) – VIII ZR 242/13.
  • Colour rules during the tenancy ("white only") – at most permissible for the handback.
  • Decorating duties in flats handed over unrenovated without fair compensation – VIII ZR 185/14.

Consequence of invalidity

A broken clause means the statute applies: the landlord decorates and the tenant owes nothing – not even a "reasonable" partial effort. For unrenovated handovers, the tenant may even demand half the decorating costs from the landlord once the condition has deteriorated substantially (VIII ZR 163/18).

Landlord's tip: use current, soft wording ("in general", "as needed") and record the handover condition in the protocol – otherwise the clause isn't worth its paper.